Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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VEHICLES625 ILCS 5/18a-406
(625 ILCS 5/) Illinois Vehicle Code.
(625 ILCS 5/18a-406)
(from Ch. 95 1/2, par. 18a-406)
Operator's employment permits - Transfer.
employment permit is not transferrable to another operator or to another relocator.
(Source: P.A. 85-923.)
625 ILCS 5/18a-407
(625 ILCS 5/18a-407)
(from Ch. 95 1/2, par. 18a-407)
Dispatcher's employment permits,
expiration and renewal.
All dispatcher's employment permits shall expire
2 years from the date of issuance by the Commission. The Commission may
temporarily extend the duration of an employment permit for the
pendency of a renewal application until formally approved or denied. Upon
filing, no earlier than 90 nor later than 45 days prior to such expiration,
of written application for renewal, acknowledged before a notary public,
in such form and containing such information as the Commission shall by
regulation require, and accompanied by the required fee, the Commission
shall, unless it has received information of cause not to do so, renew the
applicant's dispatcher's employment permit. If the Commission does not
renew such employment permit, it shall issue an order setting forth the
grounds for denial. The Commission may at any time during the term of the
employment permit make inquiry into the conduct of the permittee to
determine that the provisions of this Chapter 18A and the regulations of
the Commission promulgated thereunder are being observed.
(Source: P.A. 97-813, eff. 7-13-12.)
625 ILCS 5/18a-408
(625 ILCS 5/18a-408)
(from Ch. 95 1/2, par. 18a-408)
Dispatcher's employment permit - Transfer.
employment permit is not transferable to another dispatcher or to another
(Source: P.A. 85-923.)
625 ILCS 5/Ch. 18a Art. V
(625 ILCS 5/Ch. 18a Art. V heading)
RATES AND CHARGES - LIENS
625 ILCS 5/18a-500
(625 ILCS 5/18a-500)
(from Ch. 95 1/2, par. 18a-500)
Posting of rates.
Every commercial vehicle relocator shall
print and keep open
to the public, all authorized rates and charges for towing, otherwise moving,
and storing vehicles in connection with removal of unauthorized vehicles
from private property. Such rates and charges shall
be clearly stated in terms of lawful money of the United States, and shall
be posted in such form and manner, and shall contain such information as
the Commission shall by regulation prescribe.
(Source: P.A. 80-1459.)
625 ILCS 5/18a-501
(625 ILCS 5/18a-501)
(from Ch. 95 1/2, par. 18a-501)
Liens against relocated vehicles.
removed and stored by a commercial vehicle relocator in compliance with
this Chapter shall be subject to a possessory lien for services
pursuant to the Labor and Storage Lien (Small Amount) Act, and the provisions of
Section 1 of that Act relating to notice and implied consent shall be deemed
satisfied by compliance with Section 18a-302 and item (10)
of Section 18a-300. In no event shall such lien be greater than the rate
or rates established in accordance with item (6) of Section 18a-200. In no event
shall such lien be increased or altered to reflect any charge for services
or materials rendered in addition to those authorized by this Act. Every
such lien shall be payable by use of any major credit card, in addition
to being payable in cash. Upon receipt of a properly signed credit card
receipt, a relocator shall become a holder in due course, and neither the
holder of the credit card nor the company which issued the credit card may
thereafter refuse to remit payment in the amount shown on the credit card
receipt minus the ordinary charge assessed by the credit card company for
processing the charge. The Commission may adopt regulations governing
acceptance of credit cards by a relocator.
(Source: P.A. 91-357, eff. 7-29-99.)
625 ILCS 5/Ch. 18a Art. VI
(625 ILCS 5/Ch. 18a Art. VI heading)
625 ILCS 5/18a-600
(625 ILCS 5/18a-600)
(from Ch. 95 1/2, par. 18a-600)
Each application for a license to
operate as a commercial vehicle relocator, or for a renewal of such
license, shall be accompanied by a filing fee in the amount provided or
prescribed by the Commission.
(Source: P.A. 85-923.)
625 ILCS 5/18a-601
(625 ILCS 5/18a-601)
(from Ch. 95 1/2, par. 18a-601)
Operator's or dispatcher's employment permit.
application for dispatcher's or an operator's employment permit shall be
accompanied by a filing fee in the amount provided or prescribed by the
Commission. Each application for renewal of an operator's or dispatcher's
employment permit shall be accompanied by a filing fee in the amount
provided herein or prescribed by the Commission.
(Source: P.A. 85-1209.)
625 ILCS 5/18a-602
(625 ILCS 5/18a-602)
(from Ch. 95 1/2, par. 18a-602)
Establishment and Adjustment of Fees.
(1) General Provisions. The Commission may exercise any and all powers
with respect to establishment and adjustment of fees with respect to
commercial vehicle relocators which it may exercise with respect to motor
carriers under subsections (2), (3) and (4) of Section 18c-1501
of the Illinois Commercial Transportation Law.
(2) Initial fees. The Commission shall set initial fees by rulemaking
in accordance with Section 5-50 of the Illinois Administrative
Procedure Act. Initial fees shall be set and take effect within 60 days after
December 1, 1987. Such fees shall remain in effect until adjusted by the
Commission in accordance with subsection (1) of this Section.
(Source: P.A. 88-45.)
625 ILCS 5/18a-603
(625 ILCS 5/18a-603)
(from Ch. 95 1/2, par. 18a-603)
Disposition of funds.
All fees and fines collected
by the Commission under this Chapter shall be paid into the Transportation
Regulatory Fund in the State Treasury. The money in that fund shall be
used to defray the expenses of the administration of this Chapter and for
the purposes specified in Section 18c-1601 of this Code.
(Source: P.A. 85-923.)
625 ILCS 5/Ch. 18a Art. VII
(625 ILCS 5/Ch. 18a Art. VII heading)
625 ILCS 5/18a-700
(625 ILCS 5/18a-700)
(from Ch. 95 1/2, par. 18a-700)
(a) The provisions of this Chapter
apply to all the activities of relocators and operators in any counties
of 1,000,000 or more and in any county of less than 1,000,000 which adopts
regulation under this Chapter as provided in this Section.
(b) Any operation of a relocator or operator involving the removal or
storage of a given vehicle which takes place in any part in a regulated
county shall subject all the activities of the relocator and operator
involving that vehicle to regulation under this Chapter, except operations
which take place entirely within the territory of a city, village or
incorporated town excluded from this Chapter under paragraph (d).
(c) Any county of under 1,000,000 may elect to be covered under this
Chapter by the adoption of a resolution by the County Board, approved by a
majority of its members, providing that the county shall be subject to this
Chapter. The county clerk shall certify to the Commission that the County
Board has adopted the resolution. The Commission shall certify to such
County Board an effective date for the applicability of this Chapter in
such county. Such effective date shall be no earlier than 30 days from
certification to the County Board nor later than 6 months from such
certification or the beginning of the next fiscal year, whichever is last.
(d) Cities, villages and incorporated towns in counties to which the
provisions of this Chapter apply may, by resolution adopted by a majority
of the members of the corporate authorities and filed with the County Clerk
of such county and with the Illinois Commerce Commission, choose to be
excluded from the provisions of this Chapter. Upon the filing of such
resolution, the provisions of this Chapter shall not be applicable to
operations of relocators or operators which take place entirely within the
territory of such city, village or incorporated town.
(Source: P.A. 86-492.)
625 ILCS 5/Ch. 18B
(625 ILCS 5/Ch. 18B heading)
MOTOR CARRIER SAFETY REGULATIONS
625 ILCS 5/Ch. 18B Art. I
(625 ILCS 5/Ch. 18B Art. I heading)
FEDERAL MOTOR CARRIER SAFETY REGULATIONS
625 ILCS 5/18b-100
(625 ILCS 5/18b-100)
(from Ch. 95 1/2, par. 18b-100)
This Chapter shall be known and may be
cited as "The Illinois Motor Carrier Safety Law".
(Source: P.A. 86-611.)
625 ILCS 5/18b-101
(625 ILCS 5/18b-101)
(from Ch. 95 1/2, par. 18b-101)
Unless the context otherwise clearly
requires, as used in this Chapter:
"Agricultural commodities" means any agricultural commodity, non-processed food, feed, fiber, or livestock, including insects.
"Agricultural operations" means the operation of a motor vehicle or combination of vehicles transporting agricultural commodities or farm supplies for agricultural purposes.
"Air mile" means a nautical mile, which is equivalent to 6,076 feet or 1,852 meters. Accordingly, 100 air miles are equivalent to 115.08 statute miles or 185.2 kilometers.
"Commercial motor vehicle" means any self propelled or towed
vehicle used on public highways in interstate and intrastate commerce to
transport passengers or property when the vehicle has a gross vehicle
weight, a gross vehicle
weight rating, a gross combination weight, or a gross combination
weight rating of 10,001 or more pounds;
or the vehicle is used or designed to transport more than 15 passengers, including
the driver; or the vehicle is designed to carry 15 or fewer passengers and is
operated by a contract carrier transporting employees in the course of their
on a highway of this State; or the vehicle is used or designed to transport between 9 and 15 passengers, including the driver, for direct compensation; or the vehicle is used in the
transportation of hazardous
materials in a quantity requiring placarding under the Illinois Hazardous
Materials Transportation Act. This definition shall not include farm
machinery, fertilizer spreaders, and other special agricultural movement
equipment described in Section 3-809 nor implements of husbandry as defined
in Section 1-130.
"Covered farm vehicle", for purposes of this Chapter and rule-making under this Chapter, means a straight truck or articulated vehicle, excluding vehicles transporting hazardous materials of a type or quantity that requires the vehicle to be placarded in accordance with the Illinois Hazardous Materials Transportation Act, registered in this State or another state and equipped with a special license plate or other designation by the state in which the vehicle is registered identifying the vehicle as a covered farm vehicle for law enforcement personnel and:
(1) is operated by a farm or ranch owner or operator,
or an employee or family member of the farm or ranch owner or operator; and
(2) is being used to transport the following to or
(A) agricultural commodities;
(B) livestock; or
(C) machinery or supplies; and
(3) if registered in this State, is:
(A) registered as a farm truck under subsection
(c) of Section 3-815 of this Code; or
(B) operated in combination as an articulated
vehicle when the truck in the combination is registered for 12,000 lbs. or less as a covered farm vehicle under subsections (a) and (a-5) of Section 3-815 of this Code or subsection (a) of Section 3-818 of this Code and contains in the cab of the motor vehicle a registration designating the vehicle as a covered farm vehicle under subsections (a) and (a-5) of Section 3-815 of this Code and the trailer in the combination is registered as a farm trailer under subsection (a) of Section 3-819 of this Code and displays a farm registration license plate; or
(C) a truck registered for 12,000 lbs. or less as
a covered farm vehicle under subsections (a) and (a-5) of Section 3-815 of this Code or subsection (a) of Section 3-818 of this Code containing in the cab of the motor vehicle a registration designating the vehicle as a covered farm vehicle under subsections (a) and (a-5) of Section 3-815 of this Code that is towing an implement of husbandry as part of a farming operation; and
(4) is not used in for-hire motor carrier operations;
however, for-hire motor carrier operations do not include the operation of a vehicle meeting the definition of a covered farm vehicle by a tenant pursuant to a crop share farm lease agreement to transport the landlord's portion of the crops under that agreement; and
(5) has a gross vehicle weight rating (GVWR), a gross
combination weight rating (GCWR), or a gross vehicle weight or gross vehicle combination weight, whichever is greater, that is:
(A) 26,001 lbs. or less, for vehicles operating
in interstate commerce; or
(B) greater than 26,001 lbs., operating in
interstate commerce and registered in this State; or
(C) greater than 26,001 lbs. and traveling
interstate within 150 air miles of the farm or ranch for which the vehicle is being operated, regardless of whether it is registered in this State; or
(D) greater than 10,000 lbs. and traveling
"Direct compensation" means payment made to the motor carrier by the passengers or a person acting on behalf of the passengers for the transportation services provided, and not included in a total package charge or other assessment for highway transportation services.
"Farm supplies for agricultural purposes" means products directly related to the growing or harvesting of agricultural commodities and livestock feed at any time of the year.
"Livestock" means cattle, sheep, goats, swine, poultry (including egg-producing poultry), fish used for food, and other animals designated by the Secretary of the United States Department of Transportation (at his or her sole discretion) that are part of a foundation herd (including producing dairy cattle) or offspring.
"Officer" means Illinois State Police Officer.
"Person" means any natural person or individual, governmental body,
firm, association, partnership, copartnership, joint venture, company,
corporation, joint stock company, trust, estate or any other legal entity
or their legal representative, agent or assigns.
(Source: P.A. 97-795, eff. 1-1-13; 98-882, eff. 8-13-14.)
625 ILCS 5/18b-102
(625 ILCS 5/18b-102)
(from Ch. 95 1/2, par. 18b-102)
Authority of Department.
To the extent necessary to
administer this Chapter, the Department is authorized to:
(a) Adopt by reference all or any portion of the Federal Motor Carrier
Safety Regulations of the United States Department of Transportation, as
they are now or hereafter amended.
(b) Conduct investigations; make reports; issue subpoenas; conduct
hearings; require the production of relevant documents, records and
property; take depositions; and, in conjunction with the Illinois State Police,
conduct directly or indirectly research, development, demonstrations and
(c) Authorize any officer or Department employee
to enter upon, inspect and examine at reasonable times and in a
reasonable manner, the records and properties of persons to the extent such
records and properties relate to the transportation by motor vehicle of
persons or property.
(d) Conduct a continuing review of all aspects of the transportation of
persons and property by motor vehicle in order to determine and recommend
appropriate steps to assure safe transportation by motor vehicle in Illinois.
(e) Administer and enforce the provisions of this Chapter and any rules
and regulations issued under this Chapter. Only the
Illinois State Police shall be authorized to stop and inspect any
commercial motor vehicle or driver at any time for the purpose of
determining compliance with the provisions of this Chapter or rules and
regulations issued under this Chapter.
(Source: P.A. 90-89, eff. 1-1-98.)